Deng v. Frequency Electronics, Inc. et. al.
| Jia Deng |
| Frequency Electronics, Inc., Ajilon Professional Staffing LLC, Ado Professional Solutions Inc. and Accounting Principals, Inc. |
| 2:2021cv06081 |
| November 1, 2021 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Denis R Hurley |
| Anne Y Shields |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 14, 2022. A more recent docket listing may be available from PACER.
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Filing 30
MEMORANDUM DECISION AND ORDER re: defendants' #19 Motion to compel arbitration are granted, except as to plaintiffs claims under NYLL 195 and 198. Those claims are dismissed without prejudice to plaintiff asserting them in state court or in arbitration. The remainder of the action is stayed pending any final determination of an arbitral tribunal. The stay shall be implemented by administrative closure of the case, and the case will be reopened upon request of any party within 60 days of the final determination of the arbitral tribunal. Plaintiff shall commence the arbitration within 30 days of entry of this decision and advise the Court that she has done so. If she chooses not to commence arbitration, the case will be dismissed. The Clerk of Court is directed to substitute ADO PROFESSIONAL SOLUTIONS, INC. f/k/a Accounting Principals, Inc. as a defendant in this action in place of AJILON PROFESSIONAL STAFFING LLC in the caption of this case. ( Ordered by Judge Brian M. Cogan on 11/14/2022 ) (RG)
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Incomplete ACO Case Termination/Statistical/Non Reportable Closing. (RG)
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Filing 29
REPLY in Support re #22 Notice(Other) of MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS, OR, IN THE ALTERNATIVE, DISMISS CLAIMS filed by Frequency Electronics, Inc.. (Rogers, Amber)
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Filing 28
REPLY in Support re #19 MOTION to Dismiss and Compel Arbitration or, in the Alternative Stay the Action (REPLY AFFIRMATION OF RYAN C. CHAPOTEAU) filed by Ajilon Professional Staffing LLC. (Attachments: #1 Exhibit A - Name and History Tab, #2 Exhibit B - Entity Filing History Tab) (Chapoteau, Ryan)
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Filing 27
REPLY in Support re #19 MOTION to Dismiss and Compel Arbitration or, in the Alternative Stay the Action (REPLY MEMORANDUM OF LAW) filed by Ajilon Professional Staffing LLC. (Chapoteau, Ryan)
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Filing 26
MEMORANDUM in Opposition re #20 Memorandum in Support, #23 Memorandum in Support, #19 MOTION to Dismiss and Compel Arbitration or, in the Alternative Stay the Action, #21 Affidavit in Support of Motion, #22 Notice(Other) filed by Jia Deng. (Attachments: #1 Affidavit in Opposition of Plaintiff's Counsel Abdul K. Hassan, Esq.) (Hassan, Abdul)
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ORDER granting #25 . Plaintiff's opposition due by 9/6/2022; reply due 9/13/2022. Ordered by Judge Brian M. Cogan on 9/6/2022. (Weisberg, Peggy)
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Filing 25
MOTION for Extension of Time to File Response/Reply by Jia Deng. (Hassan, Abdul)
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ORDER granting #24 . Plaintiff's opposition due by 9/5/2022; reply due 9/12/2022. Ordered by Judge Brian M. Cogan on 8/23/2022. (Weisberg, Peggy)
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Filing 24
MOTION for Extension of Time to File by Jia Deng. (Hassan, Abdul)
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Filing 23
MEMORANDUM in Support re #22 Notice(Other) filed by Frequency Electronics, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Rogers, Amber)
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Filing 22
NOTICE by Frequency Electronics, Inc. of MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS, OR, IN THE ALTERNATIVE, DISMISS CLAIMS (Rogers, Amber)
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Filing 21
AFFIDAVIT/DECLARATION in Support re #19 MOTION to Dismiss and Compel Arbitration or, in the Alternative Stay the Action filed by Ajilon Professional Staffing LLC. (Attachments: #1 A - E-Siguature Agreement, #2 B - Arbitration Agreement) (Chapoteau, Ryan)
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Filing 20
MEMORANDUM in Support re #19 MOTION to Dismiss and Compel Arbitration or, in the Alternative Stay the Action filed by Ajilon Professional Staffing LLC. (Chapoteau, Ryan)
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Filing 19
MOTION to Dismiss and Compel Arbitration or, in the Alternative Stay the Action by Ajilon Professional Staffing LLC. (Chapoteau, Ryan)
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ORDER re: #17 . The premotion conference is waived. Both defendants are to file their motions to compel arbitration by 8/15/2022; opposition due 8/29/2022; reply due 9/5/2022. Discovery is stayed pending determination of the motions. Ordered by Judge Brian M. Cogan on 8/1/2022. (Weisberg, Peggy)
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REQUEST for Certificate of Default is denied at this time as to Defendant Ajilon Professional Staffing LLC. It appears from the docket that Defendant Ajilon Professional Staffing LLC has appeared on this matter. re #18 Request for Certificate of Default (Poveda, J.)
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Filing 18
Request for Certificate of Default by Jia Deng (Attachments: #1 Supporting Declaration, #2 Proposed Certificate of Default, #3 Proof of Service) (Hassan, Abdul)
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Filing 17
Letter MOTION for pre motion conference by Ajilon Professional Staffing LLC. (Attachments: #1 Exhibit A - Voluntary Dispute Resolution and Arbitration Agreement) (Chapoteau, Ryan)
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Filing 16
NOTICE of Appearance by Catalina Cadavid on behalf of Ajilon Professional Staffing LLC (aty to be noticed) (Cadavid, Catalina)
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Filing 15
NOTICE of Appearance by Ryan C. Chapoteau on behalf of Ajilon Professional Staffing LLC (aty to be noticed) (Chapoteau, Ryan)
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Minute Entry and Order for Initial Status Conference held on 07/26/2022 before Judge Brian M. Cogan. All parties appeared by telephone. The Court set the following discovery schedule: the parties are to exchange Rule 26(a)(1) disclosures by 08/02/2022; serve interrogatories and written discovery requests by 08/16/2022; respond to interrogatories and produce discovery by 09/16/2022; and complete depositions by 11/16/2022, the date fact discovery ends. By Friday, plaintiff is directed seek entry of the default of Ajilon Professional Staffing LLC. Defendant FEI is also directed to send the arbitration agreement to Chambers by 07/27/2022. (Weisberg, Peggy)
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Filing 14
Letter Summary Letter in advance of Initial Conference by Jia Deng (Attachments: #1 Proposed Case Management Plan) (Hassan, Abdul)
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Filing 13
SCHEDULING ORDER: A telephonic Initial Status Conference is set for 7/26/2022 at 4:30 pm. Parties will use the toll-free number 888-684-8852 followed by access code 6427877#. When the conference begins parties will be prompted to input the security code 6081#. See attached mandatory requirements for the conference. This Court does not stay proceedings for mediation since the parties are free to settle at any time. In any event, it appears that nothing has happened in this case since they were ordered to mediation last March. The parties can therefore expect to be placed on a prompt discovery and trial schedule to make up for lost time. Ordered by Judge Brian M. Cogan on 7/12/2022. (Weisberg, Peggy)
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Case randomly reassigned to Judge Brian M. Cogan. Judge Denis R. Hurley no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Florio, Lisa)
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Case no longer referred to Magistrate Judge Anne Y. Shields. (Weisberg, Peggy)
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ORDER REFERRING CASE to Mediation. Upon counsels' request the initial conference scheduled for March 28, 2022 is CANCELED and this case is respectfully referred to the EDNY Mediation program for a mediation to be completed forthwith. So Ordered by Magistrate Judge Anne Y. Shields on 3/23/2022. (Mucciaccio, Dina)
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MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation must be signed at the mediation session by all participants, including the mediator, and sent via email to Robyn_Weinstein@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be submitted within two weeks following mediation session. (Weinstein, Robyn)
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Filing 12
Letter Request for Mediation Referral by Jia Deng (Hassan, Abdul)
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ORDER granting #5 Motion for Leave to Appear Pro Hac Vice; granting #6 Motion for Leave to Appear Pro Hac Vice. The attorneys shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorneys shall file a notice of appearance and ensure that they receive electronic notification of activity in this case.. So Ordered by Magistrate Judge Anne Y. Shields on 1/19/2022. (Mucciaccio, Dina)
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SCHEDULING ORDER: Due to a conflict in the Court's calendar the telephonic initial conference scheduled for February 28, 2022 is ADJOURNED to March 28, 2022 at 12:00 PM. Counsel are directed to call the AT&T teleconferencing center at (877) 810-9415 and enter Access Code 9005911 when prompted. Counsel are reminded that the joint initial letter and joint proposed discovery plan worksheet are to be filed by March 25, 2022. So Ordered by Magistrate Judge Anne Y. Shields on 1/19/2022. (Mucciaccio, Dina)
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Filing 11
ORDER: Initial Conference set for 2/28/2022 at 12:00 PM before Magistrate Judge Anne Y. Shields.The parties are directed to call the ATTteleconferencing center at (877) 810-9415 and to enter Access Code9005911 when prompted. See order and attachments. So Ordered by Magistrate Judge Anne Y. Shields on 12/2/2021. (Attachments: #1 AYS Rules, #2 Joint Letter Requirements, #3 FLSA Form) (Torres, Jasmine)
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Filing 10
Corporate Disclosure Statement by Frequency Electronics, Inc. (Rogers, Amber)
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Filing 9
ANSWER to #1 Complaint, by Frequency Electronics, Inc.. (Rogers, Amber)
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Filing 8
NOTICE of Appearance by Amber Rogers on behalf of Frequency Electronics, Inc. (notification declined or already on case) (Rogers, Amber)
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Filing 7
NOTICE of Appearance by Gary Enis on behalf of Frequency Electronics, Inc. (notification declined or already on case) (Enis, Gary)
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Filing 6
MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15063338. by Frequency Electronics, Inc.. (Attachments: #1 Affidavit In Support of Pro Hac Vice Motion, #2 Admission Information Certificate of Good Standing) (Enis, Gary)
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Filing 5
MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15063312. by Frequency Electronics, Inc.. (Attachments: #1 Affidavit in Support, #2 Admission Information Certificate of Good Standing) (Rogers, Amber)
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Filing 4
SUMMONS Returned Executed by Jia Deng. Ajilon Professional Staffing LLC served on 11/4/2021, answer due 11/25/2021; Frequency Electronics, Inc. served on 11/4/2021, answer due 11/25/2021. (Hassan, Abdul)
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Filing 3
Summons Issued as to Ajilon Professional Staffing LLC, Frequency Electronics, Inc.. (Flanagan, Doreen)
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Filing 2
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Flanagan, Doreen)
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This attorney case opening filing has been checked for quality control. (Flanagan, Doreen)
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Case Assigned to Judge Denis R. Hurley and Magistrate Judge Anne Y. Shields. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Flanagan, Doreen)
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Filing 1
COMPLAINT against Ajilon Professional Staffing LLC, Frequency Electronics, Inc. filing fee $ 402, receipt number ANYEDC-14989439 Was the Disclosure Statement on Civil Cover Sheet completed - Yes,, filed by Jia Deng. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet) (Hassan, Abdul) Modified on 11/2/2021 (Flanagan, Doreen).
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